North Carolina Drug Laws: Difference Between Misdemeanor Possession and Felony Possession with Inten
In this State, there are many North Carolina Drug Laws. Many different variations which hinge on small details which can change them from different levels of sentencing, to the difference between a Misdemeanor or a Felony. As a Raleigh Criminal Lawyer and Raleigh DWI Attorney, I have come to face many questions surrounding the differences between the various North Carolina Drug Laws. This Article will focus on when a Defendant is found with in possession of a Drug and how the Police can decide whether to charge the Defendant with Misdemeanor Possession or with Felony Possession with the Intent to Manufacture, Sell or Distribute.
Many people believe that the difference between Misdemeanor Possession and Felony Possession with Intent to Manufacture, Sell or Distribute lies in the quantity of the Drug the Defendant has. While the amount of drug is a very big factor in determining how to charge the defendant, other contributing factors can come into play. First, how the drug is packaged. If the Defendant is in possession of a single 'baggie' of .5 grams of Marijuana, they will likely be charged with just a Misdemeanor. However, if that same .5 grams is separated in a several 'baggies' the Police Officer may believe the Defendant isn't holding the drugs for personal use, but rather to sell them to other individuals, at which point the Defendant may be charged with a Felony.
Another thing to consider is what other things are found when the Defendant is arrested. I recently had a client who had hired me on a Misdemeanor Possession and Paraphernalia charge. Several weeks later she was arrested again and charged with Felony Possession with Intent to Manufacture, Sell or Distribute as well as Felony Maintaining a Vehicle...for Controlled Substances. Though she had .75 grams of Marijuana with her, which was a big part of her Felony charges, she also had a a scale with her. Items which can be used to facilitate the manufacture, distribution, or sale of drugs can be used as a contributing factor when the Police Officer is determining what to charge the Defendant with; regardless of how these items were actually being used.
The reality is, any type of drug charge can be serious and scary, however certain factors can move a misdemeanor charge to the much more serious felony level. If you have been charged with a North Carolina Drug Charge, speak with a local criminal defense attorney for advice on your particular case.
Many people believe that the difference between Misdemeanor Possession and Felony Possession with Intent to Manufacture, Sell or Distribute lies in the quantity of the Drug the Defendant has. While the amount of drug is a very big factor in determining how to charge the defendant, other contributing factors can come into play. First, how the drug is packaged. If the Defendant is in possession of a single 'baggie' of .5 grams of Marijuana, they will likely be charged with just a Misdemeanor. However, if that same .5 grams is separated in a several 'baggies' the Police Officer may believe the Defendant isn't holding the drugs for personal use, but rather to sell them to other individuals, at which point the Defendant may be charged with a Felony.
Another thing to consider is what other things are found when the Defendant is arrested. I recently had a client who had hired me on a Misdemeanor Possession and Paraphernalia charge. Several weeks later she was arrested again and charged with Felony Possession with Intent to Manufacture, Sell or Distribute as well as Felony Maintaining a Vehicle...for Controlled Substances. Though she had .75 grams of Marijuana with her, which was a big part of her Felony charges, she also had a a scale with her. Items which can be used to facilitate the manufacture, distribution, or sale of drugs can be used as a contributing factor when the Police Officer is determining what to charge the Defendant with; regardless of how these items were actually being used.
The reality is, any type of drug charge can be serious and scary, however certain factors can move a misdemeanor charge to the much more serious felony level. If you have been charged with a North Carolina Drug Charge, speak with a local criminal defense attorney for advice on your particular case.